Adjudicative Processes for New Pipeline Infrastructure

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CER regulated project decisions under the CER-Act are made either by the CER Commission or the Governor-in-Council (GIC). Projects may also be “designated” under Impact Assessment Act (IAA) regulations to be subject to an Impact Assessment Agency of Canada (IAAC)-led review or an assessment under the Building Canada Act (BCA).

CER-Led Project Reviews
(assessment led by the CER)

“Designated” Integrated Project Reviews
(assessment led by the IAAC with CER)

Commission Decision

Small Pipelines under 40 km, and/or related facilities


Routine Adjudication Process

  • Typically, a written process with fewer participants
  • Process serves as primary forum for Crown consultation
  • Service Standards of 40 to 120 days
  • Service Standards of 40 to 120 days and legislated time limit up to 300 days (10 months) apply to small pipeline applications; typically completed more quickly

521 Applications
since 2019Footnote 1

Commission Recommendation and GIC Decision

Large Pipelines over 40 km


Hearing Process

  • Process adapted to scope of project and needs of participants, participant funding provided, written and oral process (including Indigenous Knowledge gathering and additional process steps), more participants leading to increased volume of evidence filed
  • Hearing process is primary forum for Crown consultation, although supplemental Consultation is provided
  • Legislated time limit up to 450-day (15 months) plus 90-day GIC time limit (18 months total)

7 Applications
since 2019Footnote 1

IAAC-led Recommendation and GIC Decision

Major Projects with 75 km or more of new right-of-way


Integrated Review Process

  • Integrated review led by the IAAC, with CER participation and support
  • IAA Physical Activities Regulations apply
  • Crown consultation led by IAAC, with CER participation and support
  • Required phases: Planning (180 days), Impact Statement (up to 3 years), Impact Assessment (300-600 days), plus 90-day GIC time limit

Zero ApplicationsFootnote *
since 2019Footnote 1

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